Documents: Hatch man receiving dialysis points loaded gun at nurse

Mathew Smith is charged on three counts of assault, including the assault of a police officer, after he wielded a gun during a dialysis treatment.(Photo: Dona Ana County Sheriff's Office)

LAS CRUCES - A Hatch man receiving treatment at a Fresenius Dialysis Center is charged with three counts of assault after he allegedly pulled a gun on clinic staff.

According to court documents, Mathew Roger Smith, 56, became agitated during a dialysis session Tuesday, pointing a loaded .357 revolver at a nurse before a responding police officer was able to "wrestle the weapon out of his hands," before detaining him.

No injuries were reported during the incident.

Court documents indicate Smith has had verbal outbursts at the clinic before. On Tuesday, prior to the gun incident, staff held a meeting with Smith to discuss his behavior.

Smith received treatment after the meeting, but became agitated, pulling out his access line, which caused him to bleed profusely at his station and on other stations, court documents state.

Clinic staff said Smith became more agitated when staff tried to control the bleeding, so staff called police about 4 p.m.. When Smith learned police were called, his behavior worsened, court documents state.

Officer Oscar Magallanes was the first officer to respond to the clinic on the 3000 block of Foothills Drive.

When Magallanes entered the treatment room, he said he saw Smith reaching into his jacket with his right hand.

"The defendant pulled out a black in color revolver and pointed in the direction of the nurse who was holding his left arm," court documents state.

Magallanes then reached for Smith's right arm and Smith transitioned the gun to his left hand. At that time, Magallanes pulled Smith from his chair, knocking the gun out of his hand, court documents state.

Smith began to reach for the gun, now under a chair, when one of the nurses kicked it away, court documents state. Smith was then detained and taken into custody.

Court documents state Magallanes, the clinic manager and clinic staff all feared for their safety during the incident.

Smith was booked into the Doña Ana County Detention Center on two charges of aggravated assault on a health care worker with a deadly weapon, and one charge of aggravated assault on a peace officer.